(1) Collisions with other skiers or snowboarders (2) falls/collisions with objects such as trees, fences, barriers, or signs (3) chair lift accidents (4) accidents due to inadequate instruction from an instructor (5) accidents due to skiing/snowboarding equipment failure

Questions to consider:

If someone gets injured while skiing or snowboarding, how can I get sued?

A lawsuit may be based on negligence if the injury was due to (1) a collision with another skier/snowboarder who was behaving carelessly or recklessly, (2) the mountain terrain was poorly maintained, marked, or designed, or (3) the instructor led someone to terrain that was beyond his or her capability level.

Questions to consider:

Am I covered by an umbrella policy of the organization or facility hosting the event/activity?

Possibly. Maintaining the proper types and amount of insurance is critical for protection against a potential liability lawsuit. However, smaller organizations often fail to analyze the terms and conditions of their insurance coverage and policy limits. It is imperative that all outdoor/adventure organizations meet with an experienced commercial insurance agent to verify that the organization has the correct type and amount of insurance coverage.

Questions to consider:

Can a waiver or release form hold up in court?

It depends. In the absence of proper drafting, some waivers that have included a broadly written statement waiving liability by the participant (such as to hold a company harmless from any and all liability) have been deemed invalid by courts in many jurisdictions. In fact, many states have passed liability statutes and regulations that address restrictions of liability within specific adventure/outdoor activities.

Know the Facts

Skiers injure themselves mainly on the slopes (72%), to a lesser extent terrain parks (19%), whilst on a ski lift (6%), and backcountry skiing (3%). Snowboarders had a similar spread but with a higher incidence of terrain park injuries (25%), and less whilst on ski lifts (3%). Source

In 2015 almost 56,714 individuals were injured while participating in the winter sports of snowmobiling, snowboarding and ice skating and required treatment in emergency rooms, according to the National Safety Council. Source

Snowmobiling causes more than 200 deaths and nearly 14,000 accidents each year. Many states have no age or helmet regulations regarding snowmobile use. Source

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